Terms of Service

1. Definitions

• "Account" means the Customer account used to access the Service.
• "Customer Data" means any data, keys, values, payloads, records, requests, responses, and content processed through the Service that originates from, is retrieved from, or is written to Customer Systems.
• "Customer Cache Service" means the caching service(s) or cache infrastructure controlled by Customer that Customer connects to or uses in connection with the Service, including managed services and self-hosted deployments (e.g., without limitation, Redis or Redis-compatible services, Memcached, KeyDB, Aerospike, Hazelcast, Varnish, and similar technologies).
• "Customer Data Stores" means Customer-controlled systems where Customer Data originates, resides, or is authoritatively maintained, including databases, object stores, and other storage systems, whether or not cached through a Customer Cache Service.
• "Customer Systems" means Customer's networks, systems, accounts, infrastructure, Customer Cache Services, and Customer Data Stores used in connection with the Service.
• "System of Record" means the Customer-controlled system(s) designated by Customer as authoritative for Customer Data.
• "Cache Request" means a request/command issued by Customer Systems to read, write, modify, or invalidate data in a Customer Cache Service.
• "Cache Response" means the response returned by a Customer Cache Service to a Cache Request.
• "Optimization Data" means service-generated, non-persistent or aggregated signals used to improve routing and performance (e.g., cache-hit/miss signals, latency measurements, error rates, frequency patterns).
• "Documentation" means technical documentation published by APPUIX for the Service.
• "Order Form" means an ordering document, online checkout, or other commercial instrument referencing these Terms and specifying subscription plan(s), usage limits, and fees.
• "Credits" means prepaid usage units that are consumed as you use the Service. Credits are not currency, are not legal tender, and have no cash value.
• "Auto-Reload" means a billing feature (enabled by default unless disabled) that automatically purchases additional Credits when your Credit balance reaches a defined threshold or is depleted.
• "Usage Data" means service-generated telemetry and logs about operation and performance.
• "Confidential Information" means non-public information disclosed by a party that is designated as confidential or that reasonably should be understood to be confidential.
• "Affiliate" means an entity that directly or indirectly controls, is controlled by, or is under common control with a party.
• "Restricted Data" means (a) Protected Health Information ("PHI") as defined by HIPAA; (b) cardholder data regulated by PCI DSS; and (c) any other data requiring special regulatory compliance.
• "Term" means the period during which Customer is authorized to access and use the Service under an Order Form.
• "Billing Cycle" means the monthly subscription period that begins on the subscription start date.
• "Billing Contact" means the email address designated to receive billing notices, receipts, and payment-related notifications.
• "Payment Failure" means any failed, declined, reversed, disputed, or chargeback payment attempt.

2. Eligibility; Authority; Business Use Only

2.1 Representation

You represent and warrant that (a) you are at least 18 years old, (b) you are using the Service solely for business purposes, and (c) you have authority to bind the Customer entity to these Terms.

2.2 Geographic Availability; U.S.-Only

The Service is currently offered for use only within the United States and may be geo-blocked or otherwise restricted outside the United States. Customer may not access or use (and will not permit any user to access or use) the Service from outside the United States, and Customer will not attempt to circumvent any geographic, technical, or access restrictions. APPUIX may suspend or terminate access for violations of this Section.

3. Account Registration; Security

3.1 Accurate Information

You will provide accurate information and keep it current. Customer will maintain an accurate Billing Contact email address and is responsible for monitoring billing notices and Credit balance in the Service dashboard.

3.2 Authentication Information

You are responsible for all activity under your Account and for safeguarding authentication information. Notify us promptly of suspected unauthorized access.

3.3 Admins and Users

If you permit multiple users, you are responsible for role assignment and access controls.

4. The Service

4.1 Gateway Function

Cachee is a managed, stateless proxy/gateway that (i) receives Cache Requests from Customer Systems, (ii) applies routing and optimization logic (which may include AI-powered routing, prefetching/invalidation controls, and performance tuning), and (iii) forwards Cache Requests to Customer Cache Services selected by Customer or determined by the Service based on Customer configuration and performance signals, and returns Cache Responses to Customer Systems.

4.2 Customer Storage; No APPUIX Payload Persistence

Customer Data resides in Customer-controlled systems, including Customer Cache Services and any underlying Customer Data Stores designated as the System of Record. The Service is designed to process Cache Requests and Cache Responses transiently as necessary to provide the Service. Except for transient processing in memory and network buffering, APPUIX does not intentionally persist the substantive contents of Customer Data (including cached values/payloads) to APPUIX-controlled persistent storage as part of normal operation.

4.3 Transit Processing

Customer acknowledges that the Service necessarily receives and forwards Cache Requests and Cache Responses and may temporarily buffer, parse, and process protocol-level fields to route requests, detect errors, prevent abuse, and operate the Service.

4.4 No Guaranteed Performance Outcomes

Performance gains, cost savings, and routing outcomes vary by workload, provider behavior, network conditions, and Customer configuration. APPUIX does not guarantee a specific cache hit ratio, latency improvement, availability, or cost savings.

4.5 Customer Responsibilities

Customer is responsible for:

• Provisioning, securing, and maintaining Customer Systems (including access controls, backups, durability, replication, TTL strategy, and disaster recovery)
• Configuring the Service per the Documentation (including correctness, invalidation, TTL, and consistency strategy)
• Ensuring it has all rights, notices, consents, and legal bases to process Customer Data through the Service
• Compliance with all applicable laws

4.6 Changes; Deprecations

APPUIX may modify, update, or discontinue features of the Service from time to time. Where commercially reasonable, APPUIX will provide advance notice of materially adverse changes to core paid functionality, except where changes are required for security, legal compliance, or to prevent abuse.

4.7 No SLA Unless Stated

APPUIX does not provide any service level agreement or uptime commitment unless expressly set forth in an Order Form.

4.8 Beta Features

Beta, preview, or experimental features are provided "AS IS" and may be modified or discontinued at any time.

4.9 Automated and AI-Assisted Routing

Customer acknowledges that the Service may use automated decisioning and AI-assisted techniques to optimize routing, performance, reliability, and security. In providing these features, APPUIX may use third-party AI/ML services. APPUIX may change AI/ML providers and approaches over time as part of Service updates.

5. Acceptable Use

5.1 Compliance

Customer will comply with the Documentation, usage limits, and rate limits.

5.2 Prohibited Conduct

Customer will not (and will not allow any third party to):

• Violate applicable law (including privacy, export, sanctions, or security laws)
• Attempt unauthorized access or probe, scan, or test vulnerabilities
• Interfere with or disrupt the Service or exceed agreed limits
• Introduce malware or harmful code
• Reverse engineer except to the extent prohibited by law
• Use the Service to process data Customer does not have the right to process
• Attempt to bypass or circumvent geographic restrictions, access controls, or technical limitations
• Publish or disclose benchmarks without APPUIX's prior written consent
• Resell, sublicense, or make the Service available on a service bureau basis
• Share Account authentication information outside authorized users
• Use automated means to extract data except as permitted by the Documentation
• Use the Service to develop, train, or improve a competing product or service

5.3 High-Risk Use Restrictions

Customer will not use the Service in connection with any hazardous, high-risk, or regulated activity where failure could lead to death, personal injury, or significant physical or environmental damage.

5.4 Enforcement

APPUIX may investigate suspected violations and may take any action it deems appropriate, including issuing warnings, limiting features, suspending or terminating access.

5.5 Suspension for Risk

APPUIX may immediately suspend or limit access to the Service if APPUIX reasonably believes that Customer's use poses a security risk, could adversely impact the Service, constitutes material breach, or suspension is required to comply with law. Where commercially reasonable and lawful, APPUIX will use reasonable efforts to provide notice and to restore access promptly once the underlying issue is resolved.

6. Data, Privacy, Security, and Compliance

6.1 Customer Data Ownership

As between the parties, Customer retains all right, title, and interest in Customer Data.

6.1(a) Customer Environment; Credentials; Access

Customer is responsible for any credentials, tokens, allowlists, network routes, and permissions required to connect the Service to Customer Cache Services and Customer Systems.

6.2 License to Process

Customer grants APPUIX a non-exclusive, worldwide right during the Term to receive, transmit, route, buffer, process, and return Customer Data solely to provide, secure, support, and improve the Service.

6.3 Usage Data; Optimization Data; Telemetry

APPUIX may collect and use Usage Data and Optimization Data to operate, support, secure, and improve the Service, for billing, analytics, capacity planning, and abuse prevention.

6.4 Data Regions

If the Service allows selection of a data region, Customer is responsible for selecting the appropriate region and for any cross-border transfer compliance implications.

6.5 Security

APPUIX implements commercially reasonable safeguards designed to protect the Service. No system is completely secure; Customer acknowledges and accepts this risk.

6.6 Acceptance and Audit Records

APPUIX may create and retain immutable acceptance and audit records when Customer accepts these Terms, including user/account identifiers, Terms version accepted, acceptance timestamp, data region selection, and other audit trail fields. APPUIX may retain these records for up to seven (7) years.

6.7 Privacy; Limited Personal Data; DPA

Customer acknowledges that APPUIX processes personal data primarily for Account creation and administration. Customer is responsible for determining whether Cache Requests/Responses contain personal data and for configuring the Service accordingly.

6.8 Restricted Data

Customer will not submit any Restricted Data in readable form unless APPUIX expressly agrees in a signed writing. APPUIX does not enter into BAAs or similar regulated-data addenda as part of the standard Service.

6.9 Customer Representations

Customer represents and warrants that it has all rights, permissions, and legal bases necessary to provide Customer Data to the Service and that Customer's use complies with all applicable laws.

7. Fees; Payment; Taxes

7.1 Subscription Access

The Service is offered on a subscription basis. Subscription access may include an allocation of Credits per billing cycle.

7.2 Credits; Consumption; Metering

Your use of the Service consumes Credits based on actual usage as measured by APPUIX's systems ("Usage Metering"). Customer acknowledges that Usage Metering is the authoritative basis for billing and Credit consumption.

7.3 Credit Balance Visibility; Optional Alerts

The Service may provide dashboard visibility into Credit balance and may offer optional alerts. Alerts are provided as a courtesy; Customer remains responsible for monitoring Credit balance.

7.4 Credits; Allocation; Expiration; No Cash Value

(a) Subscription Credits

Unused subscription Credits do not roll over and expire at the end of the applicable billing cycle.

(b) Reload Credits; Billing Cycle Reset

Each Reload starts a new Billing Cycle. All Credits expire at the end of the Billing Cycle that begins on the Reload Date.

(c) No Cash Value; Non-Transferable

Credits are not legal tender, have no cash value, are not refundable, and are not transferable.

7.5 Auto-Billing; Auto-Reload Authorization; Controls

(a) Default Auto-Billing / Auto-Reload

The Service is provided on an auto-billed basis by default. Customer authorizes APPUIX to automatically charge the payment method on file for Reloads when Credit balance reaches the threshold or is depleted.

(b) Payment Method; Authorization; Responsibility

Customer is responsible for maintaining a valid payment method and ensuring sufficient authorization and funds.

(c) Managing Auto-Billing

Customer may disable Auto-Reload in Account settings. Disabling does not affect charges already incurred or prevent suspension if Credits are depleted.

(d) Payment Failure; Automatic Suspension

(e) Retries; Automatic Reactivation

Following a Payment Failure, APPUIX may retry the failed payment. If payment is successfully processed, APPUIX will automatically restore access to the Service.

(f) Billing Notices by Email

Customer agrees that billing-related notices may be sent by email to the Billing Contact. Customer is responsible for keeping the Billing Contact current.

(g) Recurring Charges Acknowledgment

Customer acknowledges that charges are recurring and may occur automatically.

7.6 Fees; Payment Terms

Fees are due as stated in the Order Form or at checkout. Past-due amounts may accrue interest at the lesser of 1.5% per month or the maximum permitted by law.

7.7 Overuse; Service Continuity; Suspension

If Credit balance is insufficient and Auto-Reload fails, APPUIX may suspend or throttle the Service.

7.8 Taxes

Fees are exclusive of taxes. Customer is responsible for all applicable taxes except taxes based on APPUIX's net income.

7.9 No Refunds

Except as required by law, all fees and Credit purchases are non-refundable.

7.10 Billing Disputes

Customer must notify APPUIX of any billing dispute within thirty (30) days. Customer will not initiate chargebacks for undisputed amounts.

7.11 Price Changes

APPUIX may change pricing effective at renewal with notice.

7.12 Renewal; Cancellation; No Refunds

Subscriptions renew monthly unless otherwise stated. Customer may cancel at any time; cancellation is effective at the end of the current Billing Cycle. No refunds for partial cycles or unused Credits.

8. Confidentiality

8.1 Obligations

Receiving Party will: (a) use Confidential Information only to perform under these Terms; (b) protect it using at least reasonable care; and (c) disclose it only to employees, contractors, and advisors who need to know.

8.2 Exclusions

Confidential Information does not include information that is or becomes public, was lawfully known before receipt, is independently developed, or is lawfully obtained from a third party.

8.3 Compelled Disclosure

Receiving Party may disclose Confidential Information as required by law, provided it gives prompt notice if legally permitted.

8.4 Return/Destruction

Upon request, Receiving Party will return or destroy Confidential Information, subject to legal retention requirements.

8.5 Injunctive Relief

Unauthorized disclosure may cause irreparable harm; Disclosing Party may seek injunctive relief.

9. Intellectual Property

9.1 APPUIX IP

APPUIX retains all rights in the Service, Documentation, software, algorithms, and related IP.

9.2 Customer License

Subject to these Terms, APPUIX grants Customer a limited, non-exclusive, non-transferable, revocable license to access and use the Service during the subscription term.

9.3 Feedback

Customer grants APPUIX the right to use feedback without restriction or compensation.

9.4 Third-Party Services

The Service may interoperate with third-party services. APPUIX is not responsible for third-party services and disclaims liability for outages or failures caused by them.

9.5 Open Source

The Service may include open-source components subject to their applicable licenses.

10. Disclaimers

APPUIX does not warrant that the Service will be uninterrupted, error-free, or completely secure. APPUIX does not warrant that the Service's routing, optimization, or prefetch/invalidation controls will produce any particular outcome. You are responsible for designing and testing your own systems for correctness, resiliency, and compliance.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

11.1 No Indirect Damages

APPUIX WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR BUSINESS INTERRUPTION.

11.2 Liability Cap

APPUIX'S TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF CUSTOMER HAS PAID NO FEES, APPUIX'S TOTAL LIABILITY WILL NOT EXCEED $100.

11.3 Exclusions

These limitations do not limit Customer's payment obligations.

11.4 Basis of Bargain

These limits are an essential basis of the agreement.

(Some jurisdictions do not allow certain limitations; these limits apply to the extent permitted by law.)

12. Indemnification

12.1 Customer Indemnity

Customer will defend, indemnify, and hold harmless APPUIX and its officers, directors, employees, contractors, and agents from any third-party claims arising out of or relating to:

• Customer Data (including allegations of infringement or violation of third-party rights)
• Customer's breach of these Terms
• Customer's use of the Service in violation of law, regulation, or third-party rights
• Instructions, configurations, or integrations supplied by Customer

12.2 Control of Defense

Customer will have sole control of the defense and settlement of any claim, using counsel reasonably acceptable to APPUIX. Customer will not settle any claim in a manner that admits fault by APPUIX or imposes obligations on APPUIX without prior written consent.

12.3 No APPUIX Indemnity

APPUIX DOES NOT PROVIDE ANY INDEMNITY OR DEFENSE OBLIGATION TO CUSTOMER UNDER THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. Suspension; Termination

13.1 Suspension

APPUIX may suspend or limit access for non-payment (including following a Payment Failure as described in Section 7.5(d)), security risk, suspected abuse, legal compliance, or material breach. Suspension for non-payment may occur automatically and immediately upon a Payment Failure. Either party may terminate for material breach not cured within thirty (30) days of written notice (or immediately for severe breaches).

13.2 Effect of Termination

Upon termination, Customer's right to use the Service ends. APPUIX may terminate for convenience upon thirty (30) days' notice. Unused Credits are forfeited and will not be refunded.

13.3 Post-Termination

Customer will immediately cease use of the Service and pay all undisputed amounts due. Sections intended to survive will survive as provided in Section 17.

14. Export; Sanctions; Compliance

14.1 Export Compliance

Customer represents it is not prohibited from using the Service under applicable sanctions/export laws and will comply with applicable laws governing use.

14.2 Anti-Corruption

Each party will comply with all applicable anti-bribery and anti-corruption laws, including the U.S. Foreign Corrupt Practices Act ("FCPA").

15. Dispute Resolution; Arbitration; Class Action Waiver; Governing Law

15.1 Governing Law

These Terms are governed by the laws of the State of Florida, excluding conflict-of-law principles, and the Federal Arbitration Act ("FAA") governs the interpretation of this arbitration agreement.

15.2 Informal Resolution First

Before initiating arbitration, either party will provide written notice describing the dispute. The parties will attempt in good faith to resolve the dispute for thirty (30) days.

15.3 Binding Arbitration

If not resolved, disputes will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted by one (1) arbitrator in Tampa, Florida, and conducted in English.

15.4 Injunctive Relief Carve-Out

Either party may seek temporary or preliminary injunctive relief in court to prevent unauthorized access, security abuse, or misuse of intellectual property. Any such action will be brought in the state or federal courts in Hillsborough County, Florida.

15.5 Confidentiality

The arbitration proceedings, submissions, and award will be confidential except as necessary to enforce the award.

15.6 Class Action Waiver

15.7 Time Limit

Any claim must be brought within one (1) year after the claim arose, unless a longer period is required by law.

15.8 Arbitration Costs; Fees

Each party will bear its own attorneys' fees unless the arbitrator determines otherwise.

16. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted and/or provided via email or in-product notice. Continued use after the effective date constitutes acceptance, and we may require affirmative re-acceptance for material changes.

17. Miscellaneous

Assignment by APPUIX. APPUIX may assign these Terms without Customer consent in connection with a merger, acquisition, corporate reorganization, or sale of substantially all assets.

Assignment by Customer. Customer may not assign without APPUIX's consent, except in connection with a merger, acquisition, or sale of substantially all assets.

Severability. If any provision is unenforceable, the remainder remains in effect.

Entire Agreement. These Terms plus any Order Form (and any signed addenda) are the entire agreement regarding the Service.

Force Majeure. Neither party will be liable for failure or delay due to events beyond its reasonable control (including outages of cloud providers, internet failures, denial-of-service attacks, labor disputes, acts of government, natural disasters).

Order of Precedence. If there is any conflict: (1) the Order Form, (2) any signed addenda, (3) these Terms, (4) the Documentation.

Independent Contractors. The parties are independent contractors. Nothing creates any partnership, joint venture, or employment relationship.

Publicity; Trademarks. Neither party may use the other's name or logos without prior written consent, except that APPUIX may identify Customer as a customer in a list of customers.

Waiver. No failure or delay in exercising any right operates as a waiver. Any waiver must be in writing.

No Reliance. Customer acknowledges it has not relied on any statements not expressly set forth in these Terms or an Order Form.

Survival. Sections 6.5 through 6.9, 7, 8, 9, 10, 11, 12, 15, and 17 survive any termination or expiration.

18. Notices, Contact

APPUIX may provide notices to Customer by email to the Account email address, through the Service (including in-product notifications), or by posting updated Terms on the Service. Billing notices may be sent to the Billing Contact email address and will be effective when sent.

Customer must keep its notice email and billing contact information current.

Notices sent by Customer must be in writing and are effective upon delivery by (a) email to the Legal/Notices email (with successful send) or (b) certified mail/overnight courier to the address below.